Nashville Personal Injury Lawyer - Wrongful Death

Two Killed in a Collision Near Springfield 9/17/2009

George Fusner — Mon, 21 Sep 2009 12:53:31 GMT

Two people are dead after a head-on collision in Robertson County. It happened around 7:30 p.m. Thursday night on Highway 49 outside of Springfield. According to the Tennessee Highway Patrol, one of the vehicles ran over the curb into oncoming traffic. Both drivers were killed, and a small child was also injured in the accident and taken to Vanderbilt University Medical Center. The child's age or condition was not known.

In my experience dealing with catastrophic car accidents such as these, it’s imperative that a representative of the small child or the drivers’ estates seek a qualified attorney immediately. Vehicles are often destroyed not long after an accident in which the car is totaled, destroying with it valuable evidence which will help determine who or what was at fault. While there are a lot of unknowns in this case with only a vague police report, an accident attorney is invaluable in terrible situations like these.

Just like you can’t unring a bell, you can’t undestroy evidence.

My thoughts and prayers are with victims in both vehicles, and I hope the small child recovers fully.

Originally posted at InjuryBoard by George Fusner

Forklift Safety Is Serious Business

George Fusner — Mon, 17 Aug 2009 17:31:12 GMT

Last week I wrote about Brandon Walker from Chapmansboro who was killed while operating a fork lift in Nashville. Did you know that every three days someone is killed in a forklift related accident? Each year over 95,000 injuries related to forklift accidents are reported. According to the United States Department of Labor Occupational Safety & Health Administration (OSHA) violations of the OSHA forklift standard resulted in over $1 Million in fines in 2008 alone.

OSHA has standards for the operation of forklifts around electrical lines since the early 1990's. Training is mandatory for operators of forklifts. In Brandon's case did he receive the proper training required by OSHA? Was he trained specifically to work around overhead wires? Many unanswered questions. Perhaps this tragedy could have been avoided.

Originally posted at InjuryBoard by George Fusner

The Liquor Industry Makes Great Laws

Rob McKinney — Sun, 27 Jul 2008 15:18:58 GMT

Laws on the liability of liquor stores and bars selling liquor or beer is commonly referred to as dram shop laws. I submit that liquor stores and bars have a duty not to sell alcoholic beverages to an obviously intoxicated person.,but the lawmakers in Nashville think otherwise.The Tennessee Legislature has enacted a number of these dram shop laws which clearly protects them from tort liability rather than protecting the public from drunk drivers. Tennessee Code Annotated Section 57-10-101 makes it nearly impossible for one who has been injured by a intoxicated person to state a claim for negligence against the person or entity who furnished the liquor or beer because the statute removes the required element of causation. Accidents caused by drunk drivers are a serious problem. Why does the legislature give bars immunity from liability on where the sale of alcohol is the reason for the accident ?

Originally posted at InjuryBoard by Rob McKinney

Traffic Deaths Fall as Gas Prices Soar

Rob McKinney — Fri, 25 Jul 2008 17:38:00 GMT

One good thing has come out of the soaring gas prices, Traffic deaths have decreased. Thirty one states report that highway traffic deaths have decreased since the gas crisis.The last time traffic deaths decreased this sharply was during the Arab oil embargo in the early 1970's. Fewer people on the road and decreased speed has contributed to the traffic death decline. Stepped up DUI enforcement and speed detection have also led to these declines in highway deaths.Seat belt usage is also at record levels and mat top 90 percent in several states.

Originally posted at InjuryBoard by Rob McKinney

Claim Filed Againist San Francisco Zoo

Rob McKinney — Sun, 30 Mar 2008 10:23:54 GMT

A claim has been filed againist the San Francisco Zoo by two brothers who were attacked by an escaped tiger. A friend of theirs was killed by the tiger. The brothers are alleging the zoo was negligent in preventing the animal attack. Dog bite cases and animal cases are common in Tennessee . What is the law in Tennessee on dog bite cases or animal cases ?

Generally, the owner of a domesticated animal may be liable for the harm the animal causes if he or she negligently failed to prevent the harm. The owner cannot let the animal run at large. Also, the owner must use reasonable measures to capture an escaped animal. In my practice , I have handled numerous animal cases from dog bite cases , escaped pig cases, and horse cases. The most tragic case our office has handled is where a pot bellied pig escaped and knocked over an elderly man walking on the roadway. It caused some serious injuries due to the owner's negligence. Pets are wonderful , but be a responsible pet owner .

Originally posted at InjuryBoard by Rob McKinney

Cellphone Accident Case Settles For Millions

Rob McKinney — Thu, 06 Mar 2008 14:46:50 GMT

A Georgia woman recovered a $ 5.2 million dollar settlement from a paper company whose employee was using a cell phone. Debra Ford was rear-ended by a company car that was owned by International Paper Co. The key issue was whether the employee was using her cellphone at the time of the car accident. The driver of the company car did not remember driving the last mile before the accident. There have been studies conducted on "inattention blindness" caused by cellphone use. These studies further show that cellphone usage affects drivers more than if they were driving at a .08 blood alcohol level . The bottom line is that you are more impaired using a cellphone than driving drunk. This is also an example of why you should start your case as soon as possible to get those cellphone records.

Originally posted at InjuryBoard by Rob McKinney

Civil Justice System has been Sold(2)

Rob McKinney — Wed, 27 Feb 2008 16:10:44 GMT

The American Civil Justice System has been sold to the highest bidder---and the results are in! Big Business has bought the Civil Justice System. The founding fathers put in place the right for all people to have a trial by jury. The jury system has worked to protect citizens in a variety of cases, from the Pinto fire explosion to the Exxon Valdez oil spill. It is the only way to make corporations and insurance companies accountable. However, the Bush Administration appointed activist judges with their own agendas who rob citizens of the right to rectify or remedy their wrongs. Mission accomplished. Simply put, as of this week, the U.S.Supreme Court ruled that Federal Law preempts state tort law as it relates to medical devices. The FDA is now your protector. Rest easy tonight---THE GOVERNMENT IS HERE TO HELP YOU...

Originally posted at InjuryBoard by Rob McKinney

Big Business Controls Justice in Tennessee

Rob McKinney — Mon, 25 Feb 2008 08:11:51 GMT

Big Business has taken over the court system. First , the nursing home industry is pushing for damage caps on nursing home lawsuits. The nursing home groups want to put a $ 500,000 monetary cap on nursing home lawsuits. This proposal comes when the nursing home care is at an alltime low in terms of quality patient care. Second , the Bush Adminstration is pushing for the appointment of a political hack as Judge in the Federal District Court here in Nashville. I am sure he is a fine man , but he has no trial experience . He has two qualifications .One , he worked for several Republican politicans. Two, he works for a private prison company that gets sued a lot. It appears that he has never set foot in the courtroom. How can someone run a trial if they have never been there before ? I just read the new John Grisham 's new book ,The Appeal. Now fiction becomes fact.

Originally posted at InjuryBoard by Rob McKinney

Yamaha Rhino Accident Cases(2)

Rob McKinney — Fri, 22 Feb 2008 16:18:54 GMT

Our office is now investigating Yamaha Rhino accident cases. Yamaha Rhinos are all terrain vehicles where a driver and passenger sit side by side. In September 2006, Yamaha issued a warning letter to all owners. The warning stated "if you are in a situation where the vehicle is tipping over, do not put your arm or leg outside the vehicle to try to stop it.You could be severely injured.You could suffer a crushed foot,arm,leg,or hand if part of your body is caught underneath the vehicle." The problem is that turning the Rhino at less than 20 miles per hour makes it impossible to keep your hands and legs inside the Rhino.

Yamaha announced recently that they were making design modifications.The modifications would include adding doors and passenger handholds. The design changes was not fast enough to prevent a number of serious accidents involving crushing injuries and amputations. Too little too late.

Originally posted at InjuryBoard by Rob McKinney

What is a Deposition ?

Rob McKinney — Mon, 18 Feb 2008 17:05:36 GMT

I have spent the day preparing for depositions and I thought it might be a good topic to discuss.Once your lawsuit is filed , you will probably be required to give your deposition . A deposition is simply a question and answer session. It is done under oath just like you were in court. It is simply a device for attorneys to discover the who ,what ,when, and where of your lawsuit. Based upon my experience , the plaintiff's deposition is broken down to background information , the accident , and your damages . You cannot win your case at a deposition , but you can show the insurance lawyer that you are going to be a good witness . Good witnesses equal sucess in trial.

Originally posted at InjuryBoard by Rob McKinney